Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Credit of TDS under s. 199 was denied on the ground that the corresponding income was offered to tax by a related entity rather than by the assessee in the year of claim. It was held that where TDS has been deducted and deposited, and the credit appears in the assessee's Form 26AS, the assessee is entitled to such credit, consistent with settled precedent; however, safeguards are required to prevent double credit. The Assessing Officer was directed to grant the TDS credit after verifying that the related entity has not claimed the same TDS credit in its own assessment. Appeal allowed. - ITAT
Credit of TDS under s. 199 was denied on the ground that the corresponding income was offered to tax by a related entity rather than by the assessee in the year of claim. It was held that where TDS has been deducted and deposited, and the credit appears in the assessee's Form 26AS, the assessee is entitled to such credit, consistent with settled precedent; however, safeguards are required to prevent double credit. The Assessing Officer was directed to grant the TDS credit after verifying that the related entity has not claimed the same TDS credit in its own assessment. Appeal allowed. - ITAT
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